18 USC § 3614 - Resentencing upon failure to pay a fine or restitution

---
identifier: "/us/usc/t18/s3614"
source: "usc"
legal_status: "official_legal_evidence"
title: "18 USC § 3614 - Resentencing upon failure to pay a fine or restitution"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
section_number: "3614"
section_name: "Resentencing upon failure to pay a fine or restitution"
chapter_number: 229
chapter_name: "POSTSENTENCE ADMINISTRATION"
subchapter_number: "B"
subchapter_name: "FINES"
part_number: "II"
part_name: "CRIMINAL PROCEDURE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2006; amended Pub. L. 104–132, title II, § 207(c)(5), Apr. 24, 1996, 110 Stat. 1240.)"
---


# § 3614. Resentencing upon failure to pay a fine or restitution

**(a)** **Resentencing.—** Subject to the provisions of subsection (b), if a defendant knowingly fails to pay a delinquent fine or restitution the court may resentence the defendant to any sentence which might originally have been imposed.

**(b)** **Imprisonment.—** The defendant may be sentenced to a term of imprisonment under subsection (a) only if the court determines that—

**(1)** the defendant willfully refused to pay the delinquent fine or had failed to make sufficient bona fide efforts to pay the fine; or

**(2)** in light of the nature of the offense and the characteristics of the person, alternatives to imprisonment are not adequate to serve the purposes of punishment and deterrence.

**(c)** **Effect of Indigency.—** In no event shall a defendant be incarcerated under this section solely on the basis of inability to make payments because the defendant is indigent.

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**Source Credit**: (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2006; amended Pub. L. 104–132, title II, § 207(c)(5), Apr. 24, 1996, 110 Stat. 1240.)

## Editorial Notes

### Prior Provisions

For a prior section 3614, applicable to offenses committed prior to , see note set out preceding .

### Amendments

1996—, inserted “or restitution” after “fine” in section catchline.

Subsec. (a). , inserted “or restitution” after “fine”.

Subsec. (c). , added subsec. (c).

## Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by  to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after , see , set out as a note under .

### Effective Date

Section effective , and applicable only to offenses committed after the taking effect of this section, see , set out as a note under .